2empowerFM Menu Popper End-User License Agreement
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF 2empowerFM Menu Popper (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
1. LICENSE GRANT. Dracoventions grants to you a non-exclusive, non-transferable 30-DAY TRIAL LICENSE to use the SOFTWARE consistent with this Agreement. After the 30 day trial period expires for 2empowerFM Menu Popper, you must either purchase an appropriate PAID LICENSE or discontinue use of the SOFTWARE's features.
Your 30-day trial begins on the first day that you use a feature specific to 2empowerFM Menu Popper. The SOFTWARE attempts to track when you first use a trial feature and cease operating after your 30-day trial ends, however, it is ultimately your responsibility to stay within the limits of your 30-DAY TRIAL LICENSE. You may use only one 30-day trial. If you install the SOFTWARE on more than one computer, your trial begins the first day you use the SOFTWARE's features on any particular computer.
Some SOFTWARE features are shared among more than one plug-in in the 2empowerFM family of plug-ins. Any feature for which you have purchased a PAID LICENSE may be used indefinitely even when that feature is also made available by a plug-in for which a PAID LICENSE was not purchased. Features made available by 2empowerFM plug-ins covered by the FREE LICENSE (described in the License Agreement that comes with free plug-ins) may also be used indefinitely.
2. PAID LICENSE. Different PAID LICENSES allow different features to be used in different ways and in different places, as described when you purchase each PAID LICENSE. An overview of what each installed PAID LICENSE allows may be seen in the "About 2empowerFM" dialog. The person and/or company/organization/entity who is named in a particular PAID LICENSE (the "REGISTERED OWNER") has the right to use only the functions covered by the particular PAID LICENSE. The SOFTWARE may be accessed by FileMaker Server and the FileMaker Server web-publishing engine only if a particular PAID LICENSE so indicates - otherwise the SOFTWARE may only be used on FileMaker Pro. Multiple copies of SOFTWARE using one or more PAID LICENSES with identical REGISTERED OWNERS may be used at the same time at the same organization up to the limit indicated in each PAID LICENSE. The SOFTWARE will attempt to track how many copies are in simultaneous use and warn you of a PAID LICENSE violation, but you are ultimately responsible for remaining within the terms of the PAID LICENSE.
3. NO TRANSFER OF PAID LICENSE. The REGISTERED OWNER can not be changed once a PAID LICENSE is purchased, and the PAID LICENSE is not transferable to any other entity and may not be used by any other entity.
4. SALES FINAL AFTER 30 DAYS. You are encouraged to use the 30-DAY TRIAL LICENSE to thoroughly evaluate the SOFTWARE's usefulness and functionality before making a purchase. However, you may request a refund within 30 days of purchasing a PAID LICENSE if you are unsatisfied with the SOFTWARE for any reason. This refund is given on the condition that you destroy all copies of your PAID LICENSE and cease to use it for any purpose. Further, you understand and agree that no refunds will be available for any PAID LICENSE after 30 days from its purchase date.
5. USAGE REPORTING. Usage reporting is turned off by default. If you turn it on, these reports are periodically sent back to Dracoventions through the internet. The reports include counts of 2empowerFM functions called, your OS and FM versions, and a hashed string that uniquely identifies you but provides no actual information about you or your computer. No personal information is sent back to Dracoventions. You are encouraged to turn on usage reporting in order to help direct future development.
6. SYSTEM MODIFICATIONS. The SOFTWARE will make no modifications to your system without prior notice other than saving preference settings to the Windows registry or OSX Library Preferences directory.
7. SOFTWARE RUN TIME. The SOFTWARE runs only as a plug-in loaded by FileMaker software. As such, the SOFTWARE only runs as long as one of the following FileMaker products is running: FileMaker Pro, FileMaker Pro Advanced, FileMaker Runtime, or FileMaker Server.
8. OWNERSHIP. The SOFTWARE is owned and copyrighted by Chris Dragon of Dracoventions. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
9. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Dracoventions and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
10. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part. You may not modify the SOFTWARE or use the environment outside of the SOFTWARE to disable any licensing features of the SOFTWARE except as an intended part of the SOFTWARE's programming features.
11. NO OTHER WARRANTIES. Dracoventions DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. Dracoventions DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
12. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
13. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL Dracoventions OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF Dracoventions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Dracoventions' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
14. GOVERNING LAW. If you acquired this product in the United States, this EULA is governed by the laws of the State of California. If this product was acquired outside the United States, then local law may apply.
15. ENTIRE AGREEMENT. This is the entire agreement between you and Dracoventions which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.